No Breathalyzer Needed For DUI Conviction

MIAMI - DECEMBER 15: Officer Kevin Millan from the City of Miami Beach police department arrests a woman after she failed a field sobriety test at a DUI checkpoint December 15, 2006 in Miami, Florida. According to police, the woman failed a breathalyzer test by blowing into the device and receiving two readings one at .190 the other .183, which is twice the legal limit in Florida. The city of Miami, with the help of other police departments, will be conducting saturation patrols and setting up checkpoints during the holiday period looking to apprehend drivers for impaired driving and other traffic violations. (credit: Joe Raedle/Getty Images)(credit: Joe Raedle/Getty Images)

By Amy E. Feldman

PHILADELPHIA (CBS) – Many people who are pulled over for suspicion of driving while intoxicated mistakenly believe that if they don’t take a breathalyzer test they can’t be convicted.

After Brooklyn police pulled over a man for aggressive driving, they had reason to believe that he was, in fact, drunk. But when they tried to administer a sobriety test, he refused. But just because you refuse to take a field sobriety, breathalyzer, or blood test you can still be charged with – and convicted of – drunk driving. Which is surprising to many people but should not have been to this suspect because he is a Judge.

I know, no shortage of idiots.

But, don’t you make the same mistake: while state laws differ, virtually every state has an implied consent law, which states that any person who operates a motor vehicle on any public road is deemed to have given his consent to the taking of his breath for the purposes of determining the content of alcohol in his blood. If you refuse, not only do you face automatic suspension of your license under the implied consent law, the police officer can testify to your slurred speech and erratic driving to show you were drunk even without the test.

In this holiday cocktail party season, the best way to avoid a penalty is, of course, not to call a lawyer or face a judge (or be a judge facing a judge) but to call a cab.

Amy FeldmanAmy E. Feldman is a business commentator and legal business correspondent for KYW Newsradio, bringing her expertise in employment issues and breezy...More fromAmy Feldman